June 18, 2017 court of first instance - Orders,Orders
Claim No. CFI 011-2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MR AHMAD MAJED MOHAMAD LUTFI KABBARA
and
EFG-HERMES UAE LIMITED
REASONS FOR THE ORDER OF JUSTICE TUN ZAKI AZMI DATED 30 MAY 2017
UPON the Order of Justice Tun Zaki Azmi dated 30 May 2017
AND UPON the Claimant seeking reasons for the Order of Justice Tun Zaki Azmi by way of email dated 8 June 2017
REASONING
1.Since the Claimant failed in his application it is only right that costs be awarded against him in favour of the Defendant.
2. As to the award of costs to the Defendant regarding cancellation of the Claimant’s visa, from the submissions provided it is shown that the Claimant had been requesting cancellation of his visa with pending issues (without receiving his dues, until the case would be resolved) but the Defendant kept delaying the matter and at the end the authorities cancelled his visa with pending issues unresolved. The Defendant should be penalised by costs since he kept on delaying the matter, which led the Claimant to file his claim. The Defendant was in fact assured that it is normal procedure to cancel the visa with no risk or consequences to the dispute between the parties. The Defendant was abusing the Claimant’s need for cancellation of his visa. One of the reasons for being awarded costs is conduct of a party. For this reason, I think it appropriate that the Claimant be given his costs in relation to the cancellation of the visa.
Issued by:
Nassir Al Nasser
Judicial Officer
Date of Issue: 18 June 2017
At: 2pm
